No. 3 February 8, 2018
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HOUSE RECORD Second Year of the 165th General Court Calendar and Journal of the 2018 Session State of New Hampshire Web Site Address: www.gencourt.state.nh.us Vol. 40 Concord, N.H. Thursday, February 8, 2018 No. 3X HOUSE JOURNAL NO. 2 (Cont’d) Tuesday, January 9, 2018 Rep. Hinch moved that the House adjourn. Motion adopted. HOUSE JOURNAL NO. 3 Thursday, February 8, 2018 The House assembled at 10:00 a.m., the hour to which it stood adjourned, and was called to order by the Speaker. Prayer was offered by House Chaplain, Reverend Kate Atkinson, Rector of St. Paul’s Church in Concord. Lighten our darkness, O God, when clouds of uncertainty or doubt threaten to envelop us. When we can catch only glimpses of a brighter future, when new possibilities elude us, set us free from the constraints of what we know and guide us into the radiance of what could be. Give us courage, energy, and curiosity; help us to look beyond what is familiar and safe - and open our eyes, our souls, and our minds to the promptings of Your Spirit. You have called us to be Your feet and hands, Your heart and Your voice. We pray that You would lead us to those places that need us most, that You would reach out through us in generosity and care, that You would make us channels of Your compassionate love, and give us words to speak for those who cannot speak for themselves. Lighten our darkness, O God, that we may be Your light in the world. Representative Craig Moore, member from New Ipswich, led the Pledge of Allegiance. The National Anthem was sung by Mahala Rose Damery, a 16-year old student at Mascenic Regional High School in New Ipswich. LEAVES OF ABSENCE Reps. Carr, Dontonville, Hull, Mangipudi, McBeath, Patten, Plumer, Yvonne Thomas, Twombly and Robert Walsh, the day, illness. Reps. Ammon, Binford, Brown, Buco, Cote, Myler, Negron, Rimol, Gregory Smith, Somero, St. Clair, Valera and Woitkun, the day, important business. Rep. Murotake, the day, illness in the family. Rep. Fraser, the day, death in the family. INTRODUCTION OF GUESTS Matthew and Kimberly Place, guests of Rep. Mary Beth Walz. Susan Mullen, guest of Rep. Heath. Andrew, Sophia, Alisia and Mikayla, Husband, Daughter and Guests of Rep. Bouldin. Pamela Milz, Wife of Rep. Milz. Marlene, Michael, Madelyn Grace and Miranda Faith Damery and Diane, Paul and Isabella Diane Knisley, Mother, Father, Sisters, Grandmother, Grandfather and Cousin of the singer, guests of Rep. Craig Moore. COMMUNICATION Via Email dated February 7, 2018 Speaker Chandler, Chairman Major, Ways and Means Colleagues, and my Colleagues in the House. It is with regret, and sadness, that I must resign my seat in the NH House. Over my four terms, I have had the opportunity to meet and work with many great people, and form many lasting relationships. It was my hope, and intention, to finish this term and not seek re-election in November. However, a strong real estate market in the southern tier has allowed us to liquidate our assets in Salem quicker than anticipated, 2 8 FEBRUARY 2018 HOUSE RECORD leaving me without a domicile in Salem, Rockingham 8, and accelerating our long range plans. It has been my pleasure to serve in this great institution. I always tried to represent my district, my committee, and the NH House with honesty, integrity, and professionalism. I wish you all the best, and thank you for your service to the citizens of NH. Representative Gary S. Azarian Rockingham 8 CONSENT CALENDAR Rep. Hinch moved that the Consent Calendar with the relevant amendments as printed in the day’s House Record be adopted. HB 1293-FN, establishing the complex divorce court within the judicial branch family division, removed by Rep. Rice. HB 1437, relative to tattoos on state law enforcement officers, removed by Rep. Stone. HB 1557-FN, requiring meetings and sessions of committees of the house of representatives to be recorded and made available on the Internet, removed by Rep. McConnell. HB 1649, relative to the determination of mileage for legislators and legislative officers, removed by Rep. Horrigan. Consent Calendar adopted. HB 1341, relative to the definition of child abuse. INEXPEDIENT TO LEGISLATE. Rep. Daniel Itse for Children and Family Law. This bill would make the administration of hormone therapy or surgery for gender re-assignment abuse under RSA 169-C:3. It was the intent of the sponsor to make the ad- ministration of such procedures a crime for both parents and physicians. However, RSA 169-C is not a criminal statute and could not be enforced upon physicians. The only potential result would be the removal of an already fragile child from all existing familial support structures. The committee does not believe it is the best interest of children to expand the causes for which the state would separate them from their parents. Vote 13-2. HB 1322, relative to risk-based capital for health maintenance organizations. OUGHT TO PASS. Rep. Edward Butler for Commerce and Consumer Affairs. When this statute was originally adopted in 2000, it combined the National Association of Insurance Commissioners (NAIC) Model Laws for Risk-Based Capital (RBC) and for RBC for Health Maintenance Organizations (HMOs). In so doing, HMOs were defined under life and health insurers for the purposes of calculating their RBC reports. The Insurance Department now understands that HMOs should actually use the same formula as Property and Casualty insurers for these calculations, in accordance with the model law for HMOs. This bill makes that correction and also amends the definition of life and/or health insurer to clarify that HMOs use a different formula when it comes to calculating RBC. Vote 16-0. HB 1669-FN, relative to commerce in food in New Hampshire. INEXPEDIENT TO LEGISLATE. Rep. Valerie Fraser for Commerce and Consumer Affairs. Although we want as little federal regulatory in- volvement in our NH agriculture as possible, this bill is overbroad and could create more harm than good. Not too long ago the USDA proposed a new regulation that would charge a registration fee for every head of livestock. Luckily that didn’t pass. This legislature has been responsive to the needs of small farmers. Food production licenses are not required for farmers who sell less than $20,000 worth of homestead food products or 20 gallons of raw milk or raw milk products directly from their family farms. Laws have also been adopted to make it easier for small farmers to sell large numbers of poultry and rabbits. This bill didn’t address slaughter regulations. The committee thought it best to recommend that the bill be found Inexpedient to Legislate. Vote 18-0. HB 1357, relative to the delivery of articles to a prisoner in a state or county correctional facility. OUGHT TO PASS. Rep. Larry Gagne for Criminal Justice and Public Safety. This bill permits the commissioner of the department of corrections and the superintendent of a county correctional facility to appoint a designee to manage issues relating to the delivery of prohibited articles to prisoners. This bill will make it easier to process reports of contraband without having to wait for the superintendent to give permission in person. Vote 20-0. HB 1380, relative to unauthorized use of firearms. INEXPEDIENT TO LEGISLATE. Rep. Shannon Chandley for Criminal Justice and Public Safety. This bill sought to replace existing local authority from the process by which an individual might seek to gain permission to discharge a firearm in a compact district. Rather than securing written permission from the local chief of police or governing body, a person could, instead, get signatures from all abutting property owners. Such a change raises obvious questions as to how abutters would be identified, who would be responsible for verifying and maintaining the written document, and how often written permission would be required (e.g. before each outing or once a year). The strong, bipartisan majority of the committee agreed that existing law provides for a reasonable determination of public safety with minimal burden to the person seeking to discharge a firearm in a compact district. Vote 17-3. 8 FEBRUARY 2018 HOUSE RECORD 3 HB 1406, relative to canceled carry licenses and evidence of domicile for voting purposes. INEXPEDIENT TO LEGISLATE. Rep. Scott Wallace for Criminal Justice and Public Safety. This bill intends to add a concealed carry license to the acceptable forms of proof of domicile for the purpose of voting. There is no need to amend RSA 159:6, I, only RSA 654:12, II (a) needs to be amended to add a concealed carry license to the list of acceptable docu- ments. The fact that RSA 159:6, I was amended last year by SB 12 setting the term of issue for a CCW license to 5 years makes this bill unnecessary. Vote 20-0. HB 1426-FN, requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender. REFER FOR INTERIM STUDY. Rep. John Burt for Criminal Justice and Public Safety. The committee believes that this behavior is unac- ceptable yet does not fall to the level of being placed on the sexual offender list for 10 years. The committee knows current laws dealing with this unacceptable act are sufficient, but will search out penalties to fit the crime. Vote 20-0. HB 1447, relative to the use of video conferencing for arraignments. INEXPEDIENT TO LEGISLATE. Rep. Beth Rodd for Criminal Justice and Public Safety. This legislation would require mandatory video con- ferencing. This legislation would be impractical and expensive.